This chapter shall be known as the "Manheim Borough Stormwater
Management Ordinance."
The Manheim Borough Council finds that:
A. Inadequate management of accelerated stormwater runoff resulting
from development throughout a watershed increases flood flows and
velocities; contributes to erosion and sedimentation; overtaxes the
carrying capacity of existing streams and storm sewers; greatly increases
the cost of public facilities to convey and manage stormwater; undermines
floodplain management and flood-reduction efforts in upstream and
downstream communities; reduces groundwater recharge; and threatens
public health and safety.
B. A comprehensive program of stormwater management, including reasonable
regulation of development and activities causing accelerated erosion,
is fundamental to the public health, safety, welfare, and the protection
of the people of the Borough and all the people of the commonwealth,
their resources, and the environment.
C. Stormwater is an important water resource, which provides groundwater
recharge for water supplies and base flow of streams, which also protects
and maintains surface water quality.
D. The use of green infrastructure and low-impact development (LID)
are intended to address the root cause of water quality impairment
by using systems and practices which use or mimic natural process
to: 1) infiltrate and recharge; 2) evapotranspire; and/or 3) harvest
and use precipitation near where it falls to earth. Green infrastructure
practices and LID contribute to the restoration or maintenance of
predevelopment hydrology.
[Added 9-13-2022 by Ord. No. 676]
E. Federal and state regulations require certain municipalities to implement
a program of stormwater controls. These municipalities are required
to obtain a permit for stormwater discharges from their separate storm
sewer systems under the National Pollutant Discharge Elimination System
(NPDES).
F. Public education on the control of pollution from stormwater is an
essential component in successfully addressing stormwater issues.
G. Nonstormwater discharges to municipal separate storm sewer systems
(MS4) can contribute to pollution of waters of this commonwealth.
H. Inadequate maintenance of stormwater best management practices (BMPs)
causes loss of water quality, flooding, and other problems.
I. A program of reasonable regulation of connections and discharges
to municipal stormwater management facilities will be beneficial.
The purpose of this chapter is to promote health, safety, and welfare within Manheim Borough by minimizing the damages described in §
187-2 of this chapter through provisions designed to:
A. Meet legal water quality requirements under state law, including
regulations in Chapter 93, to protect, maintain, reclaim, and restore
the existing and designated uses of the waters of this commonwealth.
B. Manage accelerated runoff and erosion and sedimentation problems
at their source by regulating activities that cause these problems.
C. Utilize and preserve the existing natural drainage systems.
D. Maintain recharge of groundwater to prevent degradation of surface
water and groundwater quality and to otherwise protect water resources.
E. Maintain existing flows and quality of streams and watercourses in
the Borough and the commonwealth.
F. Preserve and restore the flood-carrying capacity of streams.
G. Provide proper operations and maintenance of all temporary and permanent
stormwater management facilities and best management practices (BMPs)
that are constructed and implemented.
I. Prevent scour, aggradation, degradation, and erosion of stream banks
and stream beds.
J. Provide procedures, performance standards, and design criteria for
stormwater planning and management.
K. Implement an "illegal discharge detection and elimination program"
within MS4 permitted urbanized areas to address nonstormwater discharges
into Manheim Borough separate storm sewer system.
L. Promote stormwater runoff prevention through the use of nonstructural
best management practices (BMPs).
M. Provide a regulatory environment that supports the proportion, density,
and intensity of development called for in the Comprehensive Plan;
allows for creative methods of improving water quality and managing
stormwater runoff; and promotes a regional approach to water resource
management.
N. Help preserve and protect exceptional natural resources and conserve
and restore natural resource systems.
O. Promote stormwater management practices that emphasize infiltration,
evaporation, and transpiration.
P. Provide standards to meet NPDES permit requirements.
The Manheim Borough Council, pursuant to the Pennsylvania Storm
Water Management Act, Act No. 167 of October 4, 1978, (P.L. 864) (Act
167), Section 680.1 et seq., as amended; the Pennsylvania Borough Code, Act of February 1, 1966,
P.L. (1965) 1656, No. 581, as reenacted and amended by the Act of
May 17, 2012 (P.L. 262, No. 43), as amended; and the Pennsylvania
Flood Plain Management Act, Act No. 166 of October 4, 1978 (P.L. 851); and 35 P.S. § 691.1 et seq., the Pennsylvania
Clean Streams Law, hereby enacts and ordains this chapter as the Manheim
Borough Stormwater Management Ordinance.
With the exception of activities exempted under §
187-19, the provisions, regulations, limitations, and restrictions of this chapter shall apply to regulated activities as defined in this chapter, including:
A. Installation and proper operation and maintenance of stormwater management
facilities and appurtenances thereto.
B. All activities that may contribute nonstormwater discharges to the
Borough's regulated small MS4.
C. Discharges from regulated earth disturbance activities.
D. The following additional activities are defined as "regulated activities"
and shall be regulated by this chapter:
(1) All subdivisions or land developments.
(2) Major or minor land disturbances.
(3) Construction of new or additional impervious surfaces (driveways,
parking lots, etc.).
(4) Construction of new buildings or additions to existing buildings.
(5) Diversion or piping of any natural or man-made stream channel.
(6) Installation or modification of stormwater management facilities,
BMPs, or appurtenances thereto.
(7) Any other activities where the Borough determines that said activities
may affect any existing watercourse's stormwater management facilities
or stormwater drainage patterns.
For any of the activities regulated by this chapter, the final
approval of subdivision and/or land development plans, the issuance
of any zoning permit, authorizing earth disturbance or additional
impervious area, or the commencement of any land disturbance activity
may not proceed until the property owner or developer or his/her agent
has received written approval of a stormwater management site plan
from the Borough or its designee and has received approval from the
Lancaster County Conservation District of a written erosion and sediment
pollution control plan as specified in Chapter 102 (where applicable).
Should any section, provision or part thereof of this chapter
be declared invalid by a court of competent jurisdiction, such decision
shall not affect the validity of any of the remaining provisions of
this chapter.
Approvals issued pursuant to this chapter do not relieve the
applicant of the responsibility to secure required permits or approvals
for activities regulated by any other applicable code, rule, act,
or ordinance. To the extent that this chapter imposes more-rigorous
or -stringent requirements for stormwater management, the specific
requirements contained in this chapter shall be followed.
Except as specifically provided by the Pennsylvania Storm Water
Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended,
32 P.S. § 680.1 et seq., the making of any administrative
decision by the Borough or any of its officials or employees shall
not constitute a representation, guarantee or warranty of any kind
by the Borough of the practicability or safety of any proposed structure
or use with respect to damage from erosion, sedimentation, stormwater
runoff, flood, or any other matter and shall create no liability upon
or give rise to any cause of action against the Borough and its officials
and employees. The Borough, by enacting and amending this chapter,
does not waive or limit any immunity granted to the Borough and its
officials and employees by the Governmental Immunity Act, 42 Pa. C.S.A.
§ 8541 et seq., and does not assume any liabilities or obligations.
Any permit or authorization issued or approved based on false,
misleading or erroneous information provided by an applicant is void
without the necessity of any proceedings for revocation. Any work
undertaken or use established pursuant to such permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the Borough purporting to validate such a violation.
Notwithstanding any provision(s) of this chapter, including
exemptions, any landowner or any person engaged in the alteration
or development of land which may affect stormwater runoff characteristics
shall implement such measures as are reasonably necessary to prevent
injury to health, safety, or other property. Such measures also shall
include actions as are required to manage the rate, volume, direction,
and quality of resulting stormwater runoff in a manner which otherwise
adequately protects health, property, and water quality.